What is the Hendra virus class action?
A Class action has been commenced in the Federal Court of Australia by Rachael Abbott (Applicant) against Zoetis Australia Pty Limited (Zoetis). The action has been brought by the Applicant on her own behalf and on the behalf of all persons who satisfy the definition of ‘class member’ in the proceedings.
Zoetis manufactured and marketed the Hendra Equivac HeV vaccine, and it was administered to many horses throughout Australia.
The Applicant alleges that in their marketing and promotional material Zoetis have made representations including:
- There was a serious risk of horses contracting Hendra virus in all areas of Australia in which flying foxes were present;
- The vaccine had no serious side-effects; and
- All horses in Australia should be treated with the HeV vaccine.
The Applicant also alleges that from 10 August 2012 to 20 March 2018 class member’s horses suffered side effects from the HeV vaccine and as result, the class members suffered loss or damage.
Alleged losses or damages include diminution in the financial value of the horse, veterinary treatment expenses, loss of income generated by the horse, loss of opportunity to gain income from the horse and the replacement value of the horse.
A sample class member, Kellie Hinton has also been identified in relation to a claim that the HeV vaccine was not of an “acceptable quality” within the meaning of section 54(2) of the Australian Consumer Law. This claim is brought by Kellie Hinton on her behalf and on behalf of class members.
Zoetis denies any wrongdoing or liability.
Who is eligible for the Hendra virus class action?
If you owned a horse that was administered the Zoetis Equivac HeV vaccine and you suffered financial loss or damage as a result of alleged misleading or deceptive conduct in relation to the information you were provided relating to the HeV vaccine – you may be entitled to register for the Hendra vaccine class action.